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Universities everywhere are increasingly being encouraged to
translate their research findings into practical applications that
will further the common good through technology transfer, a process
in which intellectual property (IP) laws and systems play a central
role. This Research Handbook skilfully places IP issues in
technology transfer into their historical and political context
whilst also exploring and framing the development of these
intersecting domains for innovative universities in the present and
the future. Written by leading experts from across the world, this
Research Handbook offers new insights into our understanding of
this area and its practical implications, situating IP and
technology transfer within larger dialogues concerning the future
of the research university. It illuminates a complex ecosystem in
which the stakes are high and best practices are nuanced. Not
overlooked are the most timely and controversial topics in the
field, including inter partes review proceedings, conflicts of
interest, patent enforcement and the public good, 3D printing, and
university treatment of data. This Research Handbook will prove
critical reading for scholars of both technology transfer and IP,
as well as for practitioners working in these fields. Stakeholders
such as university presidents and governing boards and members of
higher education organizations will also find it insightful and
useful. Contributors include: D.R. Cahoy, J. Carter-Johnson, Z.
Chu, J.L. Contreras, M. Costa, J.A. Cunningham, C.L. Dahl, R.
Feldman, T. Firpo, B.L. Frye, S. Ghosh, P. Guarda, C.S. Hayter, P.
Lee, M.A. Lemley, B.J. Love, M.J. Madison, M.S. Mireles, M.
Nicotra, E. Oliver, B. Pilz, M. Rimmer, M.D. Rinehart, M. Romano,
J.H. Rooksby, C.J. Ryan, J.A. Sebeok, T. Sherer, L. Vertinsky, J.B.
Warshaw, S. Xiaoxue
Universities generate an enormous amount of intellectual property,
including copyrights, trademarks, patents, Internet domain names,
and even trade secrets. Until recently, universities often ceded
ownership of this property to the faculty member or student who
created or discovered it in the course of their research.
Increasingly, though, universities have become protective of this
property, claiming it for their own use and licensing it as a
revenue source instead of allowing it to remain in the public
sphere. Many universities now behave like private corporations,
suing to protect trademarked sports logos, patents, and name
brands. Yet how can private rights accumulation and enforcement
further the public interest in higher education? What is to be
gained and lost as institutions become more guarded and contentious
in their orientation toward intellectual property? In this
pioneering book, law professor Jacob H. Rooksby uses a mixture of
qualitative, quantitative, and legal research methods to grapple
with those central questions, exposing and critiquing the
industry's unquestioned and growing embrace of intellectual
property from the perspective of research in law, higher education,
and the social sciences. While knowledge creation and dissemination
have a long history in higher education, using intellectual
property as a vehicle for rights staking and enforcement is a
relatively new and, as Rooksby argues, dangerous phenomenon for the
sector. The Branding of the American Mind points to higher
education's love affair with intellectual property itself, in all
its dimensions, including newer forms that are less tied to
scholarly output. The result is an unwelcome assault on the
public's interest in higher education. Presuming no background
knowledge of intellectual property, and ending with a call to
action, The Branding of the American Mind explores applicable laws,
legal regimes, and precedent in plain English, making the book
appealing to anyone concerned for the future of higher education.
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